Madras High Court
M.Vinayaga Moorthy vs The Commissioner on 19 May, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P(MD)No.9828 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.05.2022
CORAM :
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P(MD)No.9828 of 2022
and
W.M.P.(MD)Nos.7062 to 7064 of 2022
M.Vinayaga Moorthy ...Petitioner
Vs.
1.The Commissioner,
Adi-Dravidar and Tribal Welfare Department,
Chepauk,
Chennai – 05.
2.The District Collector,
Collectorate,
Tenkasi District.
3.The District Adi Dravidar and Tribal Welfare Officer,
Adi Dravidar and Tribal Welfare Officer,
Tirunelveli District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records pertaining to the impugned termination order in
Na.Ka.No.A4/13433/2020, dated 11.05.2022, on the file of the third
respondent, quash the same as illegal and consequently, direct the
respondents to permit the petitioner to continue his existing post of Cook
at Government Adi Dravidar Welfare Boys Hostel, Kadaiyanallur,
Tenkasi District, within the time stipulated by this Court.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.9828 of 2022
For Petitioner : Mr.I.Pinaygash
For Respondents : Mr.A.Kannan
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned order dated 11.05.2022, passed by the third respondent, under which, the petitioner's services as Cook in the Adi Dravidar Welfare Department has been terminated.
2.The petitioner has challenged the impugned order primarily on the ground of violation of principles of natural justice. According to the petitioner, he was appointed as a Cook under the permanent vacancy on 25.02.2021 and without affording any opportunity of hearing to the petitioner, the impugned order has been passed terminating his services as a Cook.
3.This Court has perused and examined the impugned order. As seen from the impugned order, no notice has been given to the petitioner before terminating his services. Therefore, this Court is of the considered view that the principles of natural justice has been violated. The termination order has been issued on the ground that the petitioner is 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9828 of 2022 overaged. The same is disputed by the petitioner in this Writ Petition. Unless and until the petitioner was afforded an opportunity of hearing, his contentions could not have been considered by the respondents. Without affording any opportunity of hearing to the petitioner with regard to the contentions raised by him in this Writ Petition, the impugned order has been passed. Therefore, it is very clear that principles of natural justice has been violated by the third respondent. Hence, this Court is of the considered view that the impugned order has to be quashed and the matter be remanded back to the third respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioner, including granting him the right of personal hearing.
4.For the foregoing reasons, the impugned order dated 11.05.2022, passed by the third respondent, terminating the services of the petitioner, is hereby quashed and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing. The third respondent shall pass final orders within a period of eight weeks from the date of receipt of a copy of this 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9828 of 2022 order.
5.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
19.05.2022 Index :Yes/No smn2 To
1.The Commissioner, Adi-Dravidar and Tribal Welfare Department, Chepauk, Chennai – 05.
2.The District Collector, Collectorate, Tenkasi District.
3.The District Adi Dravidar and Tribal Welfare Officer, Adi Dravidar and Tribal Welfare Officer, Tirunelveli District.
4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9828 of 2022 ABDUL QUDDHOSE, J.
smn2 W.P(MD)No.9828 of 2022 19.05.2022 5/5 https://www.mhc.tn.gov.in/judis